HomeMy WebLinkAbout20063358.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - TURNING POINT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Child Protection Agreement for Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,on behalf of the Department of Social Services,and Turning Point,
commencing November 1,2006,and ending May 31,2007,with furtherterms and conditions being
as stated in said agreement, and
WHEREAS, after review,the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, ex-officio Board of Social Services, that the Child Protection Agreement for
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,on behalf of the Department of Social Services, and Turning Point
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of December, A.D., 2006, nunc pro tunc November 1, 2006.
BOARD OF COUNTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: I// QD J�
/boitau/ a M. . • O4a
Weld County Clerk tot �:o . �,;;
'Al1861
David E. Long, Pro-Tem
BY:
Deputy' lerk to the
Willi . Jer e
APP,,RO AST •
,
Robert D. asden
unty Attorney EXCUSED
Glenn Vaad
Date of signature: ✓2_a 8'O C.o
2006-3358
SS0033
ge a( j 'i
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY,CO. 80632
1 Website:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
OFax(970)346-7663
•
COLORADO MEMORANDUM
TO: M.J. Geile, Chair Date: December 1, 2006
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services. (cLtc
RE: Child Protection Agreement for Services Between Weld County
Department of Social Services and Turning Point
Enclosed for Board approval is a Child Protection Agreement for Services Agreement between
the Weld County Department of Social Services (Department)and Turning Point. This
Agreement was reviewed at the Board's Work Session held on November 13, 2006.
The major provisions of the Agreement are as follows:
1. The term of the Agreement is November 1, 2006 through May 31, 2007.
2. The source of funding is Core Services.
3. Turning Point will provide consultation to group homes and foster parents to enhance
retention of children/youth in foster placement and assisting these foster parents with the
transition of children/youth back to their biological parents.
4. The Department will reimburse Training Point at a rate of$35 per hour for a maximum of
20 hours per month and at a rate of$.36 per mile mileage, not to exceed $5,000.
If you have any questions, please telephone me at extension 6510.
2006-3358
PY-06-07 CORE-82
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND TURNING POINT
he
This Agreement,made and entered into the I day of November 2006, by and between the Board of Weld
County Commissioners,sitting as the Board of Social Services,on behalf of the Weld County Department of Social
Services, hereinafter referred to as"Social Services,"and Turning Point, hereinafter referred to as the"Contractor".
WITNESSETH
WHEREAS, required approval,clearance,and coordination have been accomplished from and with
appropriate agencies; and
WHEREAS,the Colorado Department of Human Services has provided Core Services funding to Social
Services for consultation for foster homes, family therapy and education;and
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
I. Term
This Agreement shall become effective on November 1,2006,upon proper execution of this Agreement and
shall expire May 31,2007,unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by the Contractor to any person(s)eligible for child protectionservices in
compliance with Exhibit A"Scope of Services," a copy of which is attached by reference.
3. Payment
a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached
hereto and incorporated herein by reference.
"Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core
Service funds during the duration of this Agreement.
b. Contractor shall submit an itemized monthly bill to Social Services for all costs incurred and
services provided pursuant to Exhibit A of this Agreement in accordance with criteria established
by Social Services. Contractor shall submit all itemized monthly billings to Social Services no
later than the twenty-fifth (25)day of the month following the month theservice was completed.
c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability
of Core Service funds to Social Services.
d. Social Services shall not be billed for, and reimbursement shall not be made fa-time involved in
activities outside of those defined in Exhibit A. Work performed prior to the execution of this
Contract shall not be reimbursed or considered part of this Agreement.
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PY-06-07 CORE-82
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract, Contractor shall
comply with the administrative requirements,cost principles and other requirements set forth in the
Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds
expended under Core Services funding must conform to the Single Audit Act of 1984 and OMB Circular A-
133.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. Contractor shall provide proper monthly invoices and itemization of services performed for costs
incurred in the performance of the agreement.
b. Social Services may withhold any paymentif Contractor has failed to comply with the Financial
Management Requirements,program objectives,contractual terms, or reporting requirements. In
the event of a forfeiture of reimbursements Contractor may appeal such circumstance to the
Director of Social Services. The decision of the Director of Social Services shall be final.
6. Assurances
Contractor shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and
incorporated herein by reference.
7. Compliance with Applicable Laws
At all times during the performance of this contract,Contractor shall strictly adhere to all applicable federal
and state laws, orders, and all applicable standards,regulations, interpretations or guidelines issued pursuant
thereto. This includes the protection of the confidentiality of all applicant/recipient records,pqters,
documents,tapes and any other materials that have been or may hereafter be established which relate to the
Contract. The Contractor acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d-1 a seq.and its implementing
regulation,45 C.F.R. Part 80 et. seq.;and
Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and
its implementing regulations,45 C.F.R. Part 84;and
the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq. and
its implementation regulations,45 C.F.R. Part 91;and
Title VII of the Civil Rights Act of 1964;and
the Age Discrimination in Employment Act of 1967;and
the Equal Pay Act of 1963;and
the Education Amendments of 1972;and
Immigration Reform and Control Act of 1986,P.L.99-603;
42 C.F.R.Part 2
and all regulations applicable to these laws prohibiting discrimination because of race, color,
National origin, and sex, religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS)
or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973,as amended, cited
above. If necessary, Contractor and Social Services will resist in judicial proceedings any efforts to obtain
access to client records except as permitted by 42 CFR Part 2.
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PY-06-07 CORE-82
Included is 45 C.F.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that
small and minority businesses are utilized,when possible,as sources of supplies,equipment, construction
and services. This assurance is given in consideration of and for the purpose of obtaining any and all
federal and/or state financial assistance.
Any person who feels that s/he has been di%riminated against has the right to file a complaint either with
the Colorado Department of Human Services or with the U.S. Department of Health and Human Services,
Office for Civil Rights.
8. Certifications
Contractor certifies that,at the time of entering into this Contract, it has currently in effect all necessary
licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this
contract.
9. Monitoring and Evaluation
Contractor and Social Services agree that monitoring and evaluation of the performance of this Agreement
shall be conducted by Contractor and Social Services. The results of the monitoring and evaluation shall be
provided to the Board of Weld County Commissioners and Contractor.
Contractor shall permit Social Services, and any other duly authorized agent or governmental agency,to
monitor all activities conducted by Contractor pursuant to the terms of this Agreement. As the monitoring
agency may in its sole discretion deem necessary orappropriate, such program data, special analyses, on-
site checking,formal audit examinations, or any other reasonable procedures. All such monitoring shall be
performed in a manner that will not unduly interfere with agreement work.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
11. Remedies
The Director of Social Services or designee may exercise the following remedial actions should s/hefind
Contractor substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to
satisfy the scope of work shall be defined to mean incorrect or improper activities or inactionby Contractor.
These remedial actions are as follows:
a. Withhold payment to Contractor until the necessary services or corrections in performance are
satisfactorily completed;
b. Deny payment or recover reimbursement for those services or deliverables,which have not been
performed and which due to circumstances caised by Contractor cannot be performed or if
performed would be of no value to the Social Services. Denial of the amount of payment shall be
reasonably related to the amount of work or deliverables lost to Social Services;
c. Incorrect payment to Contractor due to omission,error, fraud,and/or defalcation shall be recovered
from Contractor by deduction from subsequent payments under this Agreement or other agreements
between Social Services and Contractor,or by Social Services as a debt due to Social Services or
otherwise as provided by law.
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PY-06-07 CORE-82
12. Representatives
For the purpose of this Agreement,the individuals identified below are hereby designated representatives of
the respective parties. Either party may from time to time designae in writing a new or substitute
representative(s):
For Social Services:
Gloria Romansik Social Services Administrator
Name Title
For TURNING POINT:
John Gray Therapist
Name Title
13. Notice
All notices required to be given by the parties hereunder shall be given by certified or registered mail to the
individuals at the addresses set forth below. Either party may from time to time designate in writing a
substitute person(s)or address to whom such notices shall be sent:
To: Social Services To: Stephanie Brown
Judy A.Griego,Director 1644 S.College Ave.
P.O. Box A Ft. Collins,CO 80525
Greeley,CO 80632
14. Litigation
Contractor shall promptly notify Social Services in the eventthat Contractor learns of any actual litigation
in which it is a party defendant in a case that involves services provided undo-this Agreement. Contractor,
within five(5)calendar days after being served with a summons, complaint,or other pleading which has
been filed in any federal or state court or administrative agency,shall deliver copies of such document(s)to
the Social Services Director. The term"litigation" includes an assignment for the benefit of creditors,and
filings in bankruptcy, reorganization and/or foreclosure.
IS. Termination
This Agreement may be terminated at any time by either party given thirty(30)days written notice and is
subject to the availability of funding. Contractor reserves the right to suspend services to clients if funding is
no longer available.
16. Entire Agreement
This Agreement,together with all attachments hereto,constitutes the entire understanding between the
parties with respect to the subject matter hereof, and may not be changed or modified except as stated in
Paragraph 10 herein.
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PY-06-07 CORE-82
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year
first above written.
ATTEST:
WELD COUN •"'�� •A OF COUNTY
CLERK TO T t �' T ISSIONERS WELD
; �� , i.:l r • �ept Y,COLORAD
By: o l ., +Y • , 1}y( .of
Depu ! Clerk ` M.J. G de,Chair
per 7006
APPRO VBD AS TO I CONTRAC.
BY 2n . •
Oft—)
ountg'Attomey ph ie Brown,CE
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES ,{{
By: '. ) i +
J y A. rye o,Director
i 1
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�laa 335,f
PY-06-07 CORE- 82
EXHIBIT A
SCOPE OF SERVICES
Turning Point offers consultation to group homes and foster homes to enhance the existing excellent service
provided to the children in these homes. Areas targeted for amelioration are,but not limited to:
1. Fine tune solutions: solution-focused in working with challenging situations
2. Developmental appropriateness of expectations
3. Social skills education
4. Power struggles
5. Collaborative work with difficult teens
6. What to do when consequences don't work
7. De-escalation of anger
8. Facilitating structure/respect
9. Partnering with parents
Turning Point offers an array of evidence informed methods for dealing with the vagaries associated with
establishing and maintaining a safe, structured environment for growth and change. The concepts of
wraparound services will be represented in an environment tofacilitate collaborative efforts and enhance
support for foster and group home parents. Cooperative collaboration will be encouraged between parents,
foster/group home parents, and the Departmentof human Services in the continuing effort to decrease
higher levels of placement.
Turning Point offers services in three areas:
1. Presentations in a group setting. These presentations consist of offering cutting edge
information and techniques for dealing with various situations. This information will be
tailored toward areas group/foster home parents identify as areas of struggle. 'There will
be demonstrations and practice time to familiarize everyone with the methods and open
the sessions up to questions and feedback.
2. The therapist will come to the group homes to assist in application of the techniques.
3. Phone consultation to assist group/foster home parents in the moment of a challenging
situation.
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EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse Contractor in consideration for the work and services performed under
Core Services funding.
Expenses incurred by Contractor, in association with said project prior to the term of this agreement, are not
eligible Social Services expenditures and shall not be reimbursed by Social Services.
Payment pursuant to this Contract, if Core Services funds,whether in whole or in part, is subject to and
contingent upon the continuing availability of Core Services funds for the purposes hereof. In the event
that said funds,or any part thereof, become unavailable as determined by Social Services, Social Services
may immediately terminate this Contract or amend it accordingly.
2. Fees for Services
Social Services agrees to pay$35 per hour, including $.36 per mile from Turning Point's Greeley based
facilities, for a maximum of 20 hours per month applied to all three tiers of service provided by the
Contractor,not to exceed$5,000.00.
3. Submittal of Vouchers
The services will be billed on a one-time basis for services rendered. The bills will be mailed on the I"of
the month following the services provided and payment will be due by the l5"of the same month. In the
event that payment is not received within 5 business days of when they are due, a late fee of I%of the
outstanding balance will be charged. Any legal or collection fees that are incurred as a result of
nonpayment of the bill for services will be the responsibility of the Payor.
Payment for a child's temporary absence from the facility,including absence due to hospitalization will be
at a negotiated rate.
All transportation associated with the Contractor's proposed services will be provided by the Contractor as
defined in the treatment plan. Any transportation costs not covered or contemplated in the original
treatment plan must be negotiated. However, provisions for payment of other transportation may be
provided for in the treatment/case plan.
Any transportation costs to be incurred on behalf of the child which are to be borne by persons or agencies
which are not a party to this contract shall be specified in the treatment/case plan, and those persons shall
acknowledge their responsibility by signing the treatment/case plan.
Contractor will provide the purchased care and services at the address above.
PY-06-07 CORE- 82
EXHIBIT C
ASSURANCES
1. Contractor agrees it is an independent Contractor and that its officers and employees do not become
employees of Weld County,nor are they entitled to my employee benefits as Weld County employees, as
the result of the execution of this Agreement.
2. Weld County,the Board of County Commissioners of Weld County, its officers and employees, shall not be
held liable for injuries or damages caused by any regligent acts or omissions of Contractor or its employees,
volunteers, or agents while performing duties as described in this Agreement. Contractor shall indemnify,
defend, and hold harmless Weld County,the Board of County Commissioners of Weld County,its
employees,volunteers,and agents. Contractor shall provide adequate liability and worker's compensation
insurance for all its employees,volunteers, and agents engaged in the performance of the Agreement upon
request,Contractor shall provide Social Services with the acceptable evidence that such coverage is in
effect.
3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess, not shall any portion of this Agreemert be deemed to have treated a
duty of care with respect to any persons not a party of this Agreement.
4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State
of Colorado,to expend funds not otherwise appropriated in each succeeding year.
5. If any section, subsections,paragraph,sentence, clause, or phrase of this Contract is for any reason held or
decided to be unconstitutional,such decision shall not affect the validity of the remaining portbns. The
parties hereto declare that they would have entered into this Contract and each and every section,
subsection, paragraph, sentence,clause,and phrase thereof irrespective of the fact that any one or more
sections, subsections, paragraphs, sentences,clauses, or phrases might be declared to be unconstitutional or
invalid.
6. No officer,member or employee of Weld County and no member of their governing bodies shall have any
pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof,
7. Contractor assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no
person shall,on the grounds of race,creed, color, sex, or national origin,be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract.
8. Contractor assures that sufficient,auditable,and otherwise adequate records that will provide accurate,
current, separate, and complete disclosure of the status ofthe funds received under the Contract are
maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient
to allow authorized local,Federal, and State auditors, and representatives to audit and monitor Contractor.
9. All such records, documents, communications,and other materials shall be the property of Social Services
and shall be maintained by Contractor, in a central location and custodian, in behalf of Social Services, for
a period of four(4)years from the date of final payment under this Contract, or for such further period as
may be necessary to resolve any matters which may be pending,or until an audit has been completed with
the following qualifications: If an audit by or on behalf of the fedeel and/or state government has begun
but is not completed at the end of the four(4)year period,or if audit findings have not been resolved after a
four(4)year period,the materials shall be retained until the resolution of the audit finding.
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10. Contractor assures that authorized local, federal,and state auditors and representatives shall,during
business hours,have access to inspect any copy records, and shall be allowed to monitor and review
through on-site visits, all contract activities, supported with funds under this Contract to ensure compliance
with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the
performance of the Agreement shall be conducted by appropriate funding sources. The resilts of the
monitoring and evaluation activities shall be provided to the appropriate and interested parties.
11. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives, and
assigns. Contractor or Social Services may not assign any of its rights or obligations hereunder without the
prior written consent of both parties.
12. Contractor certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of
Contractor,to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in
connection with the awarding of any Federal contract,the makng of any federal grant,the making of any
federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal,
amendment, or modification of any Federal contract, loan,grant,or cooperative agreement.
13. Contractor assures that it will fully comply with all other applicable federal and state laws. Contractor
understands that the source of funds to be used under this Contract is Child Welfare Regular Administration
funds.
14. Contractor assures and certifies that it and its principals:
a. Are not presently debarred,suspended, proposed for debarment,declared ineligible, or voluntarily
excluded from covered transaction by a federal department of agency.
b. Have not, within a three-year period of preceding this Agreement,been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining,attempting to obtain, or performing a public(federal, state, or local)transaction or
contract under a public transaction;violation of federal or state antitrust statutes or commission of
embezzlement,theft,forgery,bribery, falsification or destruction of records,making false
statements,or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal, state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of
this certification;and
d. Have not within a three-year period preceding this Contract,had one or more public transactions
(federal, state,and local)terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of a Contractor with Social Services when
the Contractor also maintains a relationship with a third party and the two relationships are in opposition.
In order to create the appearance of a conflict of interest, it is not necessary for the Contractor to gain from
knowledge of these opposing interests. It is only necessary that theContractor know that the two
relationships are in opposition. During the term of the Contract,Contractor shall not enter any third party
relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing
appearance of a conflict of interest situation, Contractor shall submit to Social Services, a full disclosure
statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly
submit a disclosure statement required by this paragraph shall constitute grounds for Social Services'
termination,for cause, of its contract with Contractor.
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16. Contractor shall protect the confidentiality of all applicant records and other materials that are maintained h
accordance with this Contract. Except for purposes directly connected with the administration of Child
Protection,no information about or obtained from any applicant/recipient in possession of Contractor shall
be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in
accordance with Contractor written policies governing access to, duplication and dissemination of, all such
information. Contractor shall advise its employees, agents, and sub Contractor,if any,that they are subject
to these confidentiality requirements. Contractor shall provide its employees,agents,and sub Contractors,
if any,with a copy or written explanation of these confidentiality requirements before access to confidential
data is permitted.
17. Proprietary information for the purposes of this contract is information relating to a party's research,
development,trade secrets,business affairs, intemal operations and management procedures and those of its
customers, clients or affiliates,but does not include information(1) lawfully obtained from third parties, (2)
that which is in the public domain, or(3)that which is developed independently.Neither party shall use or
disclose directly or indirectly without prior written aithorization any proprietary information concerning the
other party obtained as a result of this Contract. Any proprietary information removed from the State's site
by Contractor in the course of providing services under this Contract will be accorded atleast the same
precautions as are employed by Contractor for similar information in the course of its own business.
18. The Contractor certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal
background record checks for all employees,contractors, and sub-contractors.
19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes(C.R.S.)&17.5-
101, et seq. Contractor shall not knowingly employ or contract with an illegal alen to perform work under
this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Contract. Contractor represents,warrants, and agrees that it(a)has verified that it does not employ any
illegal aliens,through participation in the Basic Pilot Employment Verification Program administered by
the Social Security Administration and Department of Homeland Securty, and(b)otherwise will comply
with the requirements of C.R.S. 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests
made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and
Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. &17.5-101,et
seq., Social Services may terminate this Contract for breach and Contractor shall be liable for actual and
consequential damages to Social Services.
Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor
receives federal or state funds under this Contract, Contractor must confirm that any individual natural
person eighteen (18)years of age or older is lawfully presentin the United States pursuant to C.R.S.24-
76.5-103(4) if such individual applies for public benefits provided under this Contract. If Contractor
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it(a) is a citizenof
the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)shall
produce one of the forms of identification required by C.R.S. 2476.5-101,et seq., and(c) shall produce
one of the forms of identification required by C.R.S.24-76.5-103 prior to the effective date of this Contract.
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